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Poster: Staraker Date: Jan 4, 2011 12:48am
Forum: feature_films Subject: Re: Sinister Cinema FAKE copyright claims.

That's an interesting reaction, since you've not been shy about throwing various accusations at other parties, e.g. your demonstrably spurious claim that, "the copyright lobby incorrectly reported [Archive Media's DVDs] as unclassified."

It is, however, not "libellous" to speculate as to the possible situation behind the above notice. Clearly Archive Media Publishing thought that they needed a DVD1 Agreement licence when they applied for one, but the MCPS refused. The notice was published on 1 October 2010, yet it seems that the company has been offering for supply or actually supplying music DVDs in the UK since 2008. Either they applied for the DVD1 licence because they were about to release material for which one was required, or they were retrospectively applying for a licence they should have had earlier (perhaps someone else with more time/inclination can determine if their existing music DVDs would have required it). How much of the benefit of the doubt they can be given can be judged by the clear evidence that they did not apply for any BBFC certification for some of their film DVDs until after they were pulled up about some of them not being certified, while others remain uncertified for video release. It will be interesting to see what becomes of the dispute, especially the reasons why the MCPS chose to refuse Archive Media's application in the first place.

This post was modified by Staraker on 2011-01-04 08:48:39

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Poster: Video-Cellar Date: Jan 4, 2011 2:33am
Forum: feature_films Subject: Re: Sinister Cinema FAKE copyright claims.

They are disputing refusal to grant a DVD1 Agreement. A DVD1 Agreement is a user reported blanket licensing system, whereby the registered user reports their usage of repertoire music and pays royalties on a quarterly basis. As this is not the only way to license musical works for inclusion in DVD videos (mechanical and synchronisation licenses are available on a single case-by-case basis) there is no valid foundation to support the "speculation" that the company has released unlicensed music videos.

Where I have spoken in general terms and not mentioned the names of specific organisations, you have effectively accused a specific organisation of an illegal act that you have no evidence that they have committed. This is an area I am not willing to go into further.

This post was modified by Video-Cellar on 2011-01-04 10:33:59

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Poster: Staraker Date: Jan 4, 2011 7:57am
Forum: feature_films Subject: Re: Sinister Cinema FAKE copyright claims.

I can't help wondering if you would be so keen to disengage if some supposed transgression by "the rights lobby" was being highlighted? Yes, you do seem fond of speaking "in general terms" and not naming "specific organisations," yet in the Poundland case you gave enough away for it to be analysed and - to be frank - your version of what happened to be found wanting.

No, a DVD1 licence is not the only way of licensing musical works on DVD, and it may very well be that Archive Media Publishing had previously and quite properly obtained individual one-off licences. On the other hand, an initial search of the London Gazette and IPO websites suggests that this is the first case of the MCPS has been taken to the Copyright Tribunal for not granting a DVD1 licence, quite apart from the fact that cases actually going to that Tribunal in general are pretty rare to begin with. This is obviously an exceptional case, and the full facts have yet to become known. AMP may very well be entirely "innocent," but the fact that they demonstrably ignored - or were ignorant of - the relevant legislation in relation to BBFC certification of their film DVDs certainly tells us something about the "character" of the company. I would suggest that were this case actually newsworthy, such additional "circumstantial evidence" would be seen as significant enough to be included in any reportage.

Your faux outrage at VMP's business practices being highlighted or questioned rings rather hollow when viewed alongside your constant accusations against the UK "rights lobby" for real, imagined, or speculated wrongs on their part. You also falsely accused me of having some "vested interest" in outlining my interpretation of UK copyright legislation, although in a very real sense I, as a UK citizen and resident, clearly have more of a legitimate interest in the laws of my own country than someone from outside of it who seems very much to be pushing their interpretation of the same legislation, in what I can only presume is in furtherance of their own vested interest.

As I said some time ago, my understanding of that legislation does not prevent me from doing anything that I am actively doing. In some respects, in fact, it confirms that certain things I am doing (i.e. use of photographs from Things to Come* on my website), I am free to do so with impunity. I also fully intend to take advantage of the lapse of the copyright on all of H.G. Wells works, but am patient enough to wait until 1 January 2017, since six years is not much, and also it's enough time to work on what will be quite a large project at the same time as "the day job."

I do actually think that it would be good if what I understand to be the terms of the 1956 Act as regards 1 June 1957 to 31 July 1989 films could be properly established in law, and I would be the first to condemn any individual or organisation that tried to claim rights over any such film contrary to them. Perhaps what is needed is an accurate database of British films that records when they were registered/released, and when they entered or will enter the public domain.

Nice blog, though. I'll have to take the time to look through the Sherlock Holmes stuff when I'm not at work!

This post was modified by Staraker on 2011-01-04 15:57:15